Loading...
HomeMy WebLinkAboutItem 4.1 Approve 05-14-1990 Minutes (2) REGULAR MEETING - May 14, 1990 A regular meeting of the City Council of the City of Dublin was held on Monday, May 14 , 1990, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7 : 40 p.m. , by Mayor Moffatt. ROLL CALL PRESENT: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt. ABSENT: None. PLEDGE OF ALLEGIANCE The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. Dublin Pride Week Mayor Moffatt stated that Dublin Pride Week was a unique experience for a lot of people. The Chamber of Commerce, the Women's City Club, the Rotary, the Lions Club and Waste Management were all involved, as well as the City and many others. Mayor Moffatt introduced Roger Grossman, Publisher of The Valley Herald. They decided to have an award, the "Clean Sweep Award" for the individual or group who contributed the most to the success of Pride Week. Mr. Grossman stated that The Herald was pleased to be involved in this and felt it was an important part of the partnership that they have with the community. The award was presented to David Burton. * * * * PROCLAMATION - DUBLIN HIGH SCHOOL Mayor Moffatt read and presented a proclamation to Jim Hansen, Principal, congratulating Dublin High School for being named a "California Distinguished School" . Congratulations were offered to students, teachers, administrators and staff. Mr. Hansen stated that everyone had worked hard for this honor, and it was very nice to be recognized. * * * * CM - VOL 9 - 113 Regular Meeting May 14, 1990 ---------------------------------------------------------------------- COPIES TO: ITEM NO. /. / 1 ' i PRESENTATION RELATED TO SOVIET UNION STUDENT EXCHANGE Herb Bryant advised that on February 22nd, 4 people from the Dublin School District traveled to the Soviet Union for 10 days to investigate the possibilities of setting up an exchange program between the City of Troitsk and the Dublin School District. While there, they were treated to the same program that the students will be going through. They visited the Kremlin in Moscow and traveled to the City of Zargorsk, which is the center of religion. This is the Vatican of the Russian Orthodox Church, which is very active. Christianity is on the upswing in the Soviet Union, particularly among the young people. Mr. Bryant indicated that the really significant thing was not the buildings or sight-seeing, but the fact that they stayed with families and had the opportunity to live with them and sit down and discuss many pertinent issues. By living with families, they were able to interact. Mr. Bryant stated that this city has committed to change and his hope is that as many of their children as possible will be able to come to America. Heinz Gewing, Superintendent, introduced 3 of the 5 students who will be going to Russia. Five students from Russia will be here this summer. They need to raise $10, 000 and the community has made a commitment to raise as much money as possible. * * * * San Bernardino Dave Burton stated he recently attended a trade show with his son in San Bernardino related to waste water treatment. San Bernardino has a new city hall and he inquired of the Councilmembers who were present to discuss their building. He was given city logo pins to bring back to Dublin and Mr. Burton presented each of the Councilmembers with a pin. * * * * Misheloff Center Joyce Waite, 7402 Dover Lane., addressed the Council and stated they desire to have a public gathering at the Civic Center on May 24, 1990, from approximately 6: 00 to 7 : 30 p.m. This will be in conjunction with National Missing Children's' Day. They would like to have a function at the Civic Center, along with .a display of about 200 balloons, plus a display of the quilt put together with the names of missing kids. They would also like the Police :Department do finger-printing during this time. CM - VOL 9 - 114 Regular Meeting May 14, 1990 City Manager Ambrose advised that the City's facility use policy requires the provision of insurance. The issue is whether the City will waive the insurance requirements for the use of the main plaza. Staff has discussed this and feels that City Staff could establish a location and install the balloons. Staff does not have the authority to waive fees. Mr. Ambrose advised that in order for the Council to discuss this issue, they must vote to place it on the agenda. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council agreed to place this on the agenda, and allowed this function to be held at the Civic Center and waived the fee for insurance. Cm. . Snyder questioned if they anticipated that this could become an annual event. Cm. Jeffery felt that in the future, we should require insurance if it becomes an annual event. It is not difficult to get this coverage. Ms. Waite asked what type of insurance they would need. Mr. Ambrose advised that they would need general liability insurance. Ms. Waite asked if they could display the quilt for a week after the event. - Mayor Moffatt referred this to Staff. * * * * CLOSED SESSION At 8 : 05 p.m. , the Council recessed to a closed executive session to discuss personnel, in accordance with Government Code Section 54957 . * * * * PUBLIC MEETING RECONVENED At 8: 25 p.m. , the public meeting was reconvened, with all Council- members present. City Attorney Mayor Moffatt announced that due to the heavy trial schedule of City Attorney Mike Nave, the Assistant City Attorney, Elizabeth Silver, will be appointed to the position of City Attorney effective July 1, 1990. Mr. Nave will then become ..Assistant City Attorney. 0 Mike Nave thanked the City Council and indicated that for almost the last year, Libby Silver has been Acting City Attorney. He has been in almost one solid trial -for the last several months. He stated he had enjoyed being Dublin's first City Attorney and serving for the last 8 CM - VOL 9 - 115 Regular Meeting May 14, 1990 years. His firm represents a lot of cities, so he deals with many City Councils. Dublin's City Council and Staff is without parallel and he felt that Dublin is absolutely blessed to have Richard Ambrose for a City Manager. Mayor Moffatt welcomed Ms. Silver to her new position. Ms. Silver stated she also enjoys working with the Dublin City Council and Staff. They are people of exceptional quality. * * * * Planning Commission Opening Cm. Vonheeder advised that her appointment on the Planning Commission, Eddie Jo Mack is resigning effective the end of May. She advised that anyone interested in serving in this capacity should send a letter of interest to the Planning Department. * * * * CONSENT CALENDAR On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council took the following actions: Approved Minutes of Adjourned Regular Meeting of April 18, 1990 and Regular Meeting of April 23, 1990; Authorized Staff to enter into negotiations for the sale of surplus property on San Ramon Road to Public Storage, and adopted RESOLUTION NO. 51 - 90 ESTABLISHING SURPLUS PROPERTY AND DIRECTING STAFF TO NOTIFY APPROPRIATE AGENCIES Approved an agreement with National Elevator for Civic Center Elevator Maintenance ($375/month) and authorized the Mayor to execute same; Adopted RESOLUTION NO. 52 - \90 AWARDING CONTRACT 90-061 , ANNUAL STREET SLURRY SEAL PROGRAM TO GRAHAM CONTRACTORS, INC. (47,376.29) and authorized the Mayor to execute the agreement; a Accepted the City Treasurer's Investment Report for Period Ending April 30, 1990; CM - VOL 9 - 116 Regular Meeting May 14, 1990 C Received Staff Report related to Cost/Benefit Analysis of Computerized Irrigation Systems and directed Staff to continue to research other cities and monitor the Shannon Park installation and also directed Staff to include computerized irrigation systems on new projects and on the renovation of Dublin Sports Grounds; Accepted improvements under Contract 89-10, Traffic Signal Pre-Emption System and authorized retention payment ($9, 860) to Steiny & Co. , Inc. ; Adopted RESOLUTION NO. 53 - 90 AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA WITH REGARD TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FISCAL YEAR 1990-91 Authorized a budget transfer of $5, 937 . 55 from the Contingent Reserve and authorized payment in the amount of $12 , 937 . 55 to Book Publishing Company, Seattle, for publication of the Dublin Municipal Code; Denied claim submitted by Don Rogers and directed Staff to notify the claimant; Denied claim submitted by Domingo & Nora Bonifacio and directed Staff to notify claimants and the City's insurance provider; Authorized Staff to solicit bids for 3 marked patrol vehicles and solicit bids for detailing and transfer of emergency equipment to all vehicles; Accepted the Finance Report for Period Ending April 30, 1990; Awarded bid for pool covers to McBall Industries ($11, 140.72) ; authorized Staff to refurbish existing City pool cover reels in amount not to exceed $1, 500; and authorized a budget transfer from the Contingent Reserve in the amount of $12 , 640.72 ; Approved Warrant Register in the amount of $328, 167 . 55. CENSUS - 1990 COMPLETE COUNT LIAISON Administrative Assistant Texeira advised that Alameda County Supervisor Charles Santana, Chairman of the Complete Count Committee for the 1990 Census has advised that during the next 2 months, the Committee will sponsor 2 fina•1 promotional Census campaigns in an effort to have everyone counted. In addition, the Committee has asked that each City make an announcement regarding the importance of a complete census count at every Council meeting through June, 1990. CM - VOL 9 - 117 Regular Meeting May 14, 1990 Mayor Moffatt advised that Dublin's response rate was slightly above the District's average (71. 6% vs. 69%) and urged the residents of the City of Dublin to STAND UP AND BE COUNTED in the Census. * * * * REQUEST BY DUBLIN FINE ARTS FOUNDATION TO RECOGNIZE DONORS WITH PLAQUES ON WALL ADJACENT TO THE DUBLIN BOULEVARD FOUNTAIN Assistant City Manager Rankin advised that the Dublin Fine Arts Foundation has requested permission to develop a donor recognition program on the Civic Center grounds. The concept is to use an engraved tile which would be mounted on a wall adjacent to the large fountain. The proposal anticipates that all costs would be paid for by the Foundation. Mayor Moffatt asked if the tiles would be updated at some point. Lynne Baer, Executive Director advised that it will be a continuing fund raiser with tiles being placed on an ongoing basis. It has been very successful in Berkeley where it has been going for 10 years. It gives individuals an opportunity to be a real part of their community and the Civic Center. The tiles are specifically made for outdoor use and they are virtually indestructible, once they are properly installed and in place. They anticipate that a tile contractor would place them. Cm. Hegarty questioned if the sample tile is the color to be used. Ms. Baer responded that it was. David Gates looked at the tile sample and stated he thought it would work. Dave Burton questioned when the walls fill up, did the Foundation and/or City plan on building additional walls. Ms. Baer advised that there is a lot of space available and it was unlikely that they would run out of space. Cm. Jeffery asked if a lot of maintenance was anticipated. Mr. Ambrose advised that it is uncertain, as Staff has no idea of how the tiles will wear. Cm. Jeffery felt that once they are adhered, they would become the City's responsibility. There doesn't seem to be any problems in Berkeley. e Cm. Hegarty expressed concern related to maintenance. He felt that if the Foundation puts them up, they should also maintain them. CM - VOL 9 - 118 Regular Meeting May 14, 1990 Cm. Vonheeder added that she also felt that once they are adhered, they become City property. Mr. Ambrose suggested that should a tile get broken, it be the responsibility of the Foundation to replace the tile. Cm. Vonheeder questioned if major vandalism were to occur, would the City's liability insurance cover it. Assistant City Manager Rankin advised that the City has $5, 000 deductible. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote (Cm. Snyder abstained) , the Council directed Staff to develop an agreement between the Dublin Fine Arts Foundation and the City related to the placement of tiles recognizing donors. The City will take responsibility for maintenance, but if a tile gets broken, the Foundation will be responsible for the replacement. * * * * PUBLIC HEARING - HANSEN HILL/BREN COMPANY 10 LOT GENERAL PLAN AMENDMENT TENTATIVE MAP & PLANNED DEVELOPMENT REZONING PA 89-115 Mayor Moffatt opened the public hearing. Senior Planner O'Halloran advised that on February 27, 1989, the City Council adopted a General Plan Amendment for the Hansen Hill Ranch site including new general plan policies relating to open space and land use designations for 57 . 2 acres low density single-family residential (0. 5 to 3 .8 DU/Acre) and 89 . 8 acres open space/stream corridor. This designation does not allow residential development. The Applicant subsequently requested a General Plan Amendment study to allow custom homes within an area previously designated as Open Space. On September 11, 1989, the City Council authorized the study. The Bren Company's current application involves processing 3 planning applications concurrently: 1) General Plan Amendment to redesignate approximately 3 . 33 acres from Open Space to Low Density Single-Family Residential; 2) Planned Development Rezoning from Open Space to custom home Single-Family Residential; and 3) Tentative Map to subdivide the 3 . 33 acre site to allow 10 single family residential lots. Staff advised that at the April 16, 1990, Planning Commission Public Hearing, the Commission adopted resolutions recommending the City Council deny the request. Staff advised that the discussion related to 3 issues. The first issue was the General Plan Amendment. Does the proposed GPA represent an appropriate land use designation for the site? Is it appropriate to redesignate the existing open space designation to a low density residential land use designation. The second issue related to CM - VOL 9 - 119 Regular Meeting May 14, 1990 Rezoning. Is the proposed single-family custom home Planned Development rezoning appropriate for the site? The third issue related to the Tentative Map. Is the proposed 10 lot single-family subdivision appropriate for the 3 . 33 acre site? Marti Buxton gave a brief recent history of the project and advised that when they applied in May, 1989, they applied for 190 lots. Only 180 lots were approved. These are not 10 additional lots, but part of their original request. They feel that the 190 lot configuration is more sensitive to the area. In reviewing the minutes, the creek was a major issue. The 3 . 3 acres includes the roadway and actual acreage for the lots is 2 . 09 . They feel this is a better trade-off which doesn't require any additional grading. The other issue was the density transfer. She did not feel this was an issue because the General Plan Amendment would allow for up to 240 homes. What they are trying to do is have a site that fits into the hillside. The closest rear lot line to the creek is over 4001 . The houses built will be sensitive to the site. They will have landscaping designs and requirements which apply to these 10 lots, the same as to the other custom lots. Safety concerns were brought up during the design review process by the Police Department. Their original intent was to design a project which was sensitive to the hillside. The private road would be almost 1/3 of a mile long. As it now stands, the General Plan would allow for a road to go through the creek. They feel their plan is better and more sensitive Cm. Hegarty discussed the actual 2 . 09 acres on which the 10 custom lots would go. He questioned the size of the lots. Ms. Buxton indicated that the lots would range from 6, 800 sq ft to 16, 000 sq ft. There would be 4 of the smaller lots. The PD allows a minimum of 5' for sideyards. The most narrow lot now is 68' wide with street frontage and the widest is 451 . Typically a custom lot is 40 - 45' wide. Cm. Hegarty stated that they call these custom lots, but in reality, they are not much different than any lot in Dublin. He expressed concern regarding density of 10 houses on 2 acres. Ms. Buxton advised that custom lots don't have to do with size. A custom lot does not have a standard pad, but rather you must design a house to specifically fit that pad. Brent Salamon, Grading Engineer advised that they felt that when the grading was done, there was this area where 10 additional lots could be placed. Only one is padded., The development of these lots would not affect any of the woodlands because the roadway grading is already taking this out. They saw no reason to not develop these. Cm. Hegarty asked if there was any fill. Mr. Salamon indicated that most of it is fill. It was generally graded with the majority being 2 to 1, but some 3 to 1 and 4 to 1. CM - VOL 9 - 120 Regular Meeting May 14, 1990 Loren Cromwell, Geotechnical Engineer advised that there are no landslides mapped in this area. All the deeper fills require 95% compaction. The steepest fill spots would average 8-10' in depth. In some situations, a shallow spread footing might be appropriate. Mayor Moffatt asked what type of a grade the road has and the relationship to the contour of the land. Mr. Salamon advised that the road is at maximum grade to keep it down as far as possible and then come back up around the circle in order to meet the City's requirements. David Gates, Landscape Architect advised that the original plans did not go down in this area. This area is not one of key ecologic value for the oaks. Visually, most of the views are quite pleasant. The houses will be a smaller footprint with different levels. They will probably be pretty expensive and will be well landscaped. Ms. O'Halloran advised that Elliott Healy, 11362 Betlen Drive had submitted a letter that he wished read into the minutes. His comments were, "I strongly urge the City Council to follow the considered recommendations of both the Planning Staff and the Planning Commission to deny PA 89-115, Hansen Hill/Bren Company 10 lot General Plan Amendment. On February 27, 1989, you the City Council, adopted a General Plan Amendment for the Hansen Hill site including new general plan policies relating to open space. Your decision protecting the beautiful open space areas was foresighted and wise then as it still is. Please remember that the natural beauty of Dublin that you preserve today should be here tomorrow---long after the developers have gone. You are the decision makers. Again I say, please don't give away the store! " Ms. Buxton stated it was unfortunate that Mr. Healy was not at the meeting in order that they could respond to his concerns. They are not looking to increase the density which would have allowed up to 240 homes. It is unfortunate that the 10 lots appear to be thought of as additional. Ms. Buxton read from the January 10, 1989 minutes. Related to Area 3 where the road goes through the open space, she felt they have met all of the policy requirements. Their proposal allows a better way to get into the project. They felt their proposal enhances the area. Ms. O'Halloran responded to the comments made in the January 10, 1989 Staff Report, and indicated that there were •2 meetings after that in which Staff specifically asked the Council to clarify whether they wanted to allow the roadway to •pass through the open space. The City Council allowed the roadway, ;but no additional housing in the area. Mayor Moffatt closed the public hearing. e Cm. Snyder stated he wasn't sure he was hearing the same story as a year ago. He thought housing was necessary on the road because of security reasons. CM - VOL 9 - 121 Regular Meeting May 14, 1990 The Council discussed the vote of the Planning Commissioners. Cm. Snyder stated he thought it was important to have some form of development along the back side of the road. Otherwise, we would be asking for trouble in the future. Cm. Vonheeder stated she agreed with the safety issues. The Council discussed this a lot about allowing them to develop on lots that ended up as a result of the grading to get the roads in. Cm. Hegarty stated that we required the loop road to be put in. He had a problem in setting policy and then something seems to go wrong. This was debated for many months. The 10 lots won't make or break this project, and he felt that 10 lots were too many for this acreage. Cm. Jeffery stated she was not in favor of building on these roads. Building on these type of slopes isn't always safe. This is earthquake territory and she stated she would not want to live on stilts in this area. These lots also have the possibility for erosion because they will probably be the last to sell. She also did not feel that having 10 homes along the road would provide that much security. She did not feel that it was appropriate to expect the 10 homes to provide the security. Mayor Moffatt also expressed concern about placing homes there because of the fill, drainage and damming effect. He would prefer seeing the land stabilized for 10-15 years before putting in houses up there. He also expressed concern about having the houses serve as watchdogs, and did not feel this would be appropriate. Cm. Snyder stated he never intended to infer that the houses would be watchdogs along the road. When an area is inhabited, it is simply more secure. Cm. Hegarty felt that after all the other homes are built, this would be a better time to discuss the additional lots. His biggest problem was that the Council sets a policy and now amends it. Bren Company has indicated they will sell the property and he doubted that the lots would be developed for quite sometime. On motion of Cm. Jeffery, seconded by Mayor Moffatt, and by majority vote, the Council adopted RESOLUTION NO. 54 - 90 DENYING THE GENERAL PLAN AMENDMENT FOR PA 89-115 HANSEN HILL RANCH/BREN COMPANY 10 LOTS Cm. 's Snyder and Vonheeder voted against this motion. Following a short recess, Mayor Moffatt reported that Legal Counsel had advised that the Council should reopen the public hearing and go ahead and take action on the 2 remaining resolutions. CM - VOL 9 - 122 Regular Meeting May 14, 1990 Mayor Moffatt reopened the public hearing and Ms. O'Halloran explained the remaining issues to be voted on. Mayor Moffatt then closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by majority vote, the Council adopted RESOLUTION NO. 55 - 90 DENYING THE PLANNED DEVELOPMENT REZONING and FOR PA 89-115 HANSEN HILL RANCH/BREN COMPANY RESOLUTION NO. 56 - 90 DENYING THE TENTATIVE MAP FOR PA 89-115 HANSEN HILL RANCH/BREN COMPANY 10 LOTS Cm. Vonheeder voted against this motion. * * * * PUBLIC HEARING AMENDMENT TO SOLID WASTE MANAGEMENT ORDINANCE Mayor Moffatt opened the public hearing. Assistant City Manager Rankin advised that this amendment to the Solid Waste Management Ordinance would allow a recycling transporter to collect a fee for their service. In addition, the transporter is required to report to the City on a regular basis. Provisions have also been included to protect against unauthorized collection of recycled materials. These changes will allow the City to proceed with implementing programs to meet requirements in State Law. No comments were made by the public on this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 4 - 90 AMENDING ORDINANCE NO. 2-86 REGULATING SOLID WASTE MANAGEMENT y D : CM - VOL 9 - 123 Regular Meeting May 14, 1990 PUBLIC HEARING - REPEAL 94' PASSENGER LOADING ZONE & ESTABLISH 20 MINUTE PARKING ZONE ON VILLAGE PARKWAY @ POST OFFICE Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that this item was introduced at the April 23 , 1990 City Council. The proposed Ordinance would repeal the passenger loading zone and establish a 20' minute parking zone in front of the U. S. Post Office at 6937 Village Parkway. No comments were made by the public on this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Jeffery, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 5 - 90 REPEALING A PASSENGER LOADING ZONE AND ESTABLISHING A 20 MINUTE PARKING ZONE ON VILLAGE PARKWAY * * * * PUBLIC HEARING - ORDINANCE AMENDING CERTAIN PROVISIONS OF SUBDIVISION ORDINANCE RELATING TO SOILS REPORTS Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that this Ordinance, which was introduced at the April 23, 1990, Council meeting allows the City Engineer to review and, if necessary, require revisions to soils reports or to reject an inadequate report. No comments were made by the public on this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Hegarty, seconded by Cm. Vonheeder, and by unanimous vote, the Council waived the reading and adopted ORDINANCE NO. 6 - 90' AMENDING CERTAIN PROVISIONS OF CHAPTER I OF TITLE 8 OF THE SUBDIVISION ORDINANCE, AS ADOPTED BY THE CITY OF DUBLIN RELATING TO .SOILS REPORTS * * * * @*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@* CM - VOL 9 - 124 Regular Meeting May 14, 1990 PUBLIC HEARING NO PARKING ZONES ON CIVIC PLAZA Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that when Civic Plaza was originally constructed, "No Stopping" signs were erected so that the street would not be used as overnight or extended parking for trucks or any other vehicles. In addition, especially during construction of the Civic Center, parking along certain portions of the street could have been hazardous. Some members of the sports groups using the Dublin Sports Grounds have recently received warning citations for parking along Civic Plaza and have requested that the City consider allowing on-street parking where the street is wide enough to accommodate both the travel lane and a parking lane. TJKM reviewed the width of the street and potential visibility problems and determined that parking could be allowed along the east side of the street between the driveways of the two Sports Grounds parking lots, except that 25' of red curb should be placed at each driveway for sight distance and fire hydrant clearance. Parking should be prohibited between Dublin Boulevard and the first driveway to allow for a right-turn lane, and Staff suggested that parking also be prohibited on the west (Civic Center) side of the street in order to minimize the need for pedestrians to cross the street. The remaining curb will provide on-street parking for approximately 11 cars. TJKM additionally recommended striping a double yellow centerline from the median at Dublin Boulevard to the second driveway. Mayor Moffatt asked if there had been any thought to a time limit if parking is allowed. Mr. Thompson advised that it would be unlimited parking, but you could not park longer than 72 hours, which is similar to any other area within Dublin. Mayor Moffatt closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Hegarty, and by unanimous vote, the Council adopted RESOLUTION NO. 57 - 90 DESIGNATING NO PARKING ZONES ON CIVIC PLAZA PUBLIC HEARING ORDINANCE RELATING TO NEWSRACKS Mayor Moffatt opened the public hearing. Public Works Director Thompson advised that as a result of a report on hazardous newsrack locations, the Council directed Staff to prepare an ordinance relating to appearance and placement of newsracks. The City CM - VOL 9 - 125 Regular Meeting May 14, 1990 can require newspaper companies to obtain permits for newsracks as long as the officer issuing the permit has no discretion. The proposed ordinance would not regulate placement of newsracks on private property such as within shopping centers. However, the provisions of the ordinance could be incorporated as a condition of approval for future land development on private property. Mr. Thompson advised that the drafted ordinance addresses such areas as 1) permit would be required for newsracks placed in the public right-of-way; 2) contents of the application, indemnification, and insurance requirement; 3) term of the permit is indefinite unless revoked; 4) identification required for all newsracks; 5) location and placement requirements; 6) use of multi-user (modular) racks required in the Central Business District; 7) no attachment to public or private property without consent; 8) maintenance obligation; and 9) procedure for impounding newsracks violating the ordinance, and minimum $25 fee for return of the racks. Mr. Thompson pointed out that the City cannot regulate display of sexually explicit material through a newsrack ordinance. Cm. Jeffery felt that if they are allowed to sell these on the street, we should at least be able to control where on the streets they are. If we cannot tell them where they are to be located, what if someone wanted to put one in front of the high school. Acting City Attorney Silver advised that the City can regulate this, but the ordinance must be carefully drawn and it cannot be developed in a vacuum. We could not preclude all locations in the City. Although these may be offensive to some people, there are first amendment rights involved. Mayor Moffatt thought the City had an ordinance stating that pornographic materials could not be sold within so many feet of a residential area. Ms. Silver advised that many cities have ordinances which are actually in their Zoning Ordinance that restrict adult businesses within so many feet of schools and churches. Cm. Jeffery stated she felt they should be placed in the most visible place possible, so that anyone who buys one, does it in front of everyone. City Manager advised that fortunately, Dublin has not had problems of this nature. Other communities have had problems and really struggled. Maureen Brotherton, General Manager of the Valley Times stated the City can't regulate newsracks with respect to content. The purpose of , a newsrack ordinance is to regulate all newspapers, which include the legitimate newspapers in the community. She questioned the need for such an ordinance in Dublin. She felt that a draft ordinance was too drastic as the first communication they received regarding a CM - VOL 9 - 126 Regular Meeting May 14, 1990 complaint. They have not been requested to move their racks or comply in any other way with problems. They were asked sometime ago to put modular racks in several locations and they complied with this request. Since there have been no problems, she questioned why the City needed an ordinance. This only creates red tape. Dublin is not like San Francisco, and in driving around, she had not observed problems. Pleasanton does have an ordinance, but it has not been enforced. The reason for non-enforcement is the terrible amount of paperwork involved. The main problem that they have with the draft ordinance is calling it a permit. With regard to revocation, it has already been through the courts on whether you can revoke a permit. You can confiscate racks and levy fines, but you cannot revoke someone's right to distribute the news. The ordinance is very vague and over-broad. The modular units which the City wants to require in the entire business district are very expensive. The draft does not deal with placement problems in those areas where the sidewalk is too narrow. Other ordinances with which she was familiar have provisions to deal with this. The hearing procedure on impounded racks is vague and says the City Manager has the final word. This is not appropriate. In summary, Ms. Brotherton stated that what they have found with newsrack ordinances is that they are fine, until they are enforced. It will cost the City a lot of money to enforce the ordinance and she was not sure that this is how Dublin wishes to spend its money. This can be dealt with without an ordinance, so why put 15 more pages in the code. Cm. Snyder advised that this was all brought to the City's attention by a wheelchair user who found it very uncomfortable to maneuver around certain newspaper racks. This is what the City is trying to address. Ms. Brotherton felt the City should have communicated this to the newspapers. Cm. Snyder stated it was felt that the newspapers would have picked up on this as it was brought before the Council at a public meeting. Mr. Thompson advised that the City had in fact received several complaints. They moved them each time they were asked. Blaine Nelson, Circulation Manager of the Valley Times stated he had some very specific concerns related to first amendment rights. He requested that the City relook at this ordinance. A permit implies that' we are giving them permission to circulate and distribute newspapers. They have no problem filling out a liability form. With reference to Section 4, he questioned if the City has a right to say "no" . If not, why go through the permit sequence. Section 7 which deals with insurance is very vague. Impounding is another problem. Most of Section 10 seems restrictive.. A wheelchair should be able to make its way around newsracks, the same as mail boxes, trash cans, , etc. The courts have determined that safety is the only reason racks can be impounded. They feel this is unconstitutional censorship and the ordinance may not pass the ultimate test. CM - VOL 9 - 127 Regular Meeting May 14, 1990 Acting City Attorney Silver responded to some of the concerns. With regard to why this is called a permit, she emphasized that in drafting the ordinance, Staff was directed to develop an ordinance which would regulate placement of newsracks on sidewalks to facilitate movement of pedestrians and people in wheelchairs. The City has a right to regulate first amendment activities such as newspapers only with respect to time, place and manner. This ordinance is strictly aimed at the placement of the newsrack. There is nothing in it that attempts to regulate content of the newspapers. The permit is merely a mechanism to give the City some knowledge of where the newsracks are located, so that the City can be assured that they do not block pedestrian movement. The City Engineer does not have the discretion to deny the permit, so there is no question of the City Engineer deciding whether someone gets one or not. The question of the multi- rack situations is discretionary. Mr. Nelson referred to the requirement that the newsracks be kept graffiti clear and painted on a regular basis. This is subjective and the vagueness is most bothersome. Gary Souza, San Francisco Newspaper Agency presented a letter from their legal counsel for the Council to peruse prior to adopting the ordinance. Joan Kinney Sepala, the Independent Newspaper stated she understands and approves of the City's goal to achieve attractive and safe sidewalks. Her concern is with the permit process. Asking a newspaper to get a permit implies a violation of first amendment rights. Pleasanton successfully regulates the attractiveness and location of newsracks without requiring a permit. The 3 complaints do not indicate that the problem is so severe that the City needs to immediately move to the most formal arrangement. Mayor Moffatt asked if the Independent has insurance on the racks. Ms. Sepala advised that they have general liability insurance. Dublin is not named as an additional insured, but this could be remedied. Mayor Moffatt questioned what could be done about racks that had been abandoned for years. Ms. Sepala did not feel that the permit process would solve this. The City could require that the newsracks be labeled. She personally did not see why even a certificate is required. ' The City should just say they should follow a procedure ,and some guidelines should be listed regarding insurance. Cm. Jeffery asked the press people present if they considered the press to be part of the community. The response was yes. Cm. Jeffery stated she thought the press would want to follow the same rules of safety as anyone else in the community would. CM - VOL 9 - 128 Regular Meeting May 14, 1990 Marty Fraga, Operations Manager for The Herald stated they are here to stay and want to cooperate. This ordinance is clearly unnecessary. He passed out several pictures of newsracks located at various City locations. They worked with the City in cleaning up 3 locations and putting in pedestal racks. All the City has to do is ask, and any unsatisfactory location will be cleaned up. The Tri-Valley Herald would be happy to coordinate this effort. Dublin should pay for the mount and they will pay for the boxes. He strongly urged the City Council to not pass the ordinance but rather to work with the newspapers to coordinate the few locations that need to be cleaned up. Cm. Snyder questioned if the racks in the pictures were secured in any way. Mr. Fraga advised that they are chained; one to a Post Office box and one to a City pole. Instead of chaining them, you can put up to 300 pounds of concrete inside them. This is an alternative that is used in some areas. Mayor Moffatt closed the public hearing. Mayor Moffatt read the letter from the Law Offices of Cooper, White & Cooper into the record. They suggested that the last sentence of Section 7 be replaced with: "In addition, the application shall contain a provision wherein every person operating or maintaining a newsrack upon the streets of the City shall agree to indemnify and hold harmless the City, its officers, and employees, from any loss, liability, damage, or cost sustained by any person or property, to the extent any such loss, liability, damage, or cost arises from the installation, operation, or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the City, its officers, and employees, shall not extend to any loss, liability, damage, or cost resulting from the acts, failure to act, or property of another. " Further concerns were expressed regarding no provision for grandfathering of the existing newsracks that are otherwise in compliance with the ordinance. The letter was signed by Alan C. Freeland. Ms. Silver suggested that she be allowed to take another look at Section 7 which deals with indemnification and consider the content of the letter. Cm. Vonheeder stated that everyone seems to 'have lost site of the original intent. The City Council certainly had no intention of denying anyone's rights to distribute newspapers in this town. Everybody jumped way overboard. She understood how they can be protective of their rights, just as the Council is entrusted to protect the rights of Dublin's citizens. Cm. Vonheeder stated she wished the press took as much care to quote the Council correctly. She found it hard to believe that.` this had gotten totally blown out of proportion. The Council was simply trying to make sure the sidewalks are safe. She suggested that the item be tabled in order to allow the City Attorney's Office:.. to take another look at it. CM - VOL 9 - 129 Regular Meeting May 14, 1990 Mr. Ambrose advised that most of the newspapers represented are ones that typically we don't have any problems with. How do we deal with "Homes For Sale" type racks and ones that are abandoned. It is a concern. Cm. Vonheeder stated that the Herald has volunteered to be a lead in looking at problem areas. She questioned if advertising newspapers are protected by first amendment rights. Ms. Silver advised that commercial publications have rights also. Mr. Thompson advised that the City did put in the pedestals, but the City did not pay for them. A permit would simply let the City know where they are. There has been a problem with racks getting knocked into the street. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council continued this item to the June 11, 1990 Council meeting in order to allow Ms. Silver time to determine if changes are required. * * * * PUBLIC HEARING DUBLIN MUNICIPAL CODE Mayor Moffatt opened the public hearing. City Clerk Kay Keck advised that Book Publishing Company recently completed a codification of existing City Ordinance which included ordinances adopted thru December, 1989 . Government Code Section 50022 . 3 requires that the City Council schedule a public hearing for the purpose of adopting the Dublin Municipal Code, and specifies timelines with regard to noticing the public hearing. No comments were made by the public on this issue. Mayor Moffatt closed the public hearing. On motion of Cm. Snyder, seconded by Cm. Hegarty, and by unanimous vote, the Council waived the reading and INTRODUCED an ordinance which would adopt the Dublin Municipal Code, scheduled a public hearing for adoption of the Ordinance on June 11, 1990, and directed Staff to publish the notice in accordance with the requirements of State Law. * * * * PUBLIC HEARING - ESTABLISHMENT �OF RIGHT-OF-WAY LINES FOR 2-LANE ACCESS ROAD CONNECTING TO HACIENDA INTERCHANGE AND PARALLEL TO I-580 Mayor Moffatt opened the public hearing. Senior Planner Carrington advised that in order to facilitate the opening of the Hacienda Road interchange and to expedite additional access from the downtown areas of Dublin to Tassajara Road, a 2-lane access road has been proposed from the Southern Pacific Railroad @*@*@*@*@*@*@*@*0*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@*@* CM - VOL 9 - 130 Regular Meeting May 14, 1990 right-of-way east to Tassajara Road. City Staff and TJKM have examined the area and prepared recommendations for the right-of-way line. The construction of the 2-lane access road will have minimal impact to the property through which the proposed right-of-way line would pass. The area which makes up the right-of-way line is presently vacant and is owned by the Federal Government (Camp Parks) , Alameda County and Southern Pacific Transportation Company. The establishment of the right-of-way line from the Southern Pacific Railroad right-of-way to Tassajara Road will not adversely affect any existing businesses or other properties. Mr. Carrington advised that no precise schedule has been established for construction of the road. Through a cooperative effort between Alameda County and the Cities of Dublin and Pleasanton, it may be possible for the road to be constructed within the next 2 years. Additional County action would be required for this to occur. Preliminary estimated costs for design, improvement and environmental mitigation of the road will be approximately $3 million, including the 2-lane roadway link between this access road and the Hacienda Interchange. Financing agreements between the various parties would require separate action by the City Council. Mayor Moffatt closed the public hearing. On motion of Cm. Jeffery, seconded by Cm. Vonheeder, and by unanimous vote, the Council adopted RESOLUTION NO. 58 - 90 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE CONCERNING THE RIGHT-OF-WAY LINE FOR A NEW 2-LANE ACCESS ROAD CONNECTING TO THE HACIENDA INTERCHANGE AND PARALLEL TO I-580 and waived the reading and INTRODUCED an Ordinance (without protests) establishing right-of-way lines for a 2-lane access road connecting to the Hacienda Interchange and parallel to I-580. * * * * BUSINESS REGISTRATION TASK FORCE REPORT City Manager Ambrose advised that in August, 1989, the City Council authorized the formation of a Business Registration Task Force to study the concept of a Business ,License/Registration Ordinance. During the last several months,' the Task Force has met and completed its report for Council consideration. The Ordinance proposed by the Task Force is a regulatory business registration ordinance, as opposed to revenue raising. The ordinance would require nearly all businesses in the City to register with. the City annually. Mr. Ambrose explained that the cost of administering a Business Registration Program will vary depending upon the number of businesses. It is estimated that the cost of the program will be CM - VOL 9 - 131 Regular Meeting May 14, 1990 approximately $52 , 700, of which $15, 200 will be start-up costs. Mr. Ambrose advised that Staff will be recommending that a fairly flexible budget be adopted. These costs could be exceeded if the number of licenses increases. This cost will be offset by an annual registration fee of $50 for all businesses except itinerant businesses and temporary places of sale for which a $10/day fee will be charged. Cm. Snyder stated he was pleased that the process went pretty well with the Task Force reaching accord. Cm. Vonheeder indicated there were some very interesting challenges. She felt that a minimum of 30 days should be allowed for the Chamber of Commerce and others to digest this before scheduling the public hearing. JoEllen McKinsey stated that the Chamber of Commerce has no major problems with the ordinance. The Dublin Shamrock Festival does, however, have problems. They feel that requiring non-profit tax exempt people who will just be selling for a couple of days to go through the permit process will be cumbersome. Ralph Hughes and Don Johnson brought this up at the Task Force meetings, but were apparently overridden. Cm. Vonheeder indicated that she was concerned about this also, and wasn't sure that it was adequately addressed. Ms. McKinsey suggested that the Festival could just obtain copies of their sales tax permits and submit these to the City. Cm. Jeffery questioned if they pay a fee to participate and suggested the possibility that they get a blanket permit for the whole show. Cm. Snyder felt the only groups affected are the ones who sell for profit. Mr. Ambrose advised that the Business Registration Ordinance does not change the requirements or make it any more difficult. Ms. McKinsey stated that it makes it more difficult for them. She indicated that the Chamber of Commerce will be holding a public hearing for the benefit of all Chamber members. By a consensus, the Council established the date of June 11, 1990, for a public hearing to consider the ordinance. ' * * * * 1990-91 BUDGET/CIP/CONTRACT EVALUATION-ESTABLISH PUBLIC HEARING DATES City Manager Ambrose advised that each year, the City Council holds public hearings to consider adoption of an annual Budget and Capital Improvement Program as well as to evaluate the various City contracts. CM - VOL 9 - 132 Regular Meeting May 14, 1990 By a consensus, the Council selected the dates of Tuesday, June 26 and Thursday, June 28 for the meetings. They will be held in the Civic Center Regional Meeting Room beginning at 6: 30 p.m. * * * * OTHER BUSINESS National League of Cities Trip Cm. Jeffery advised that she would provide a report on her recent trip to Jackson, Mississippi to the FAIR Committee meeting to anyone requesting it. * * * * Post Office Situation Mayor Moffatt advised that he is still pursuing the possibility of having the Dublin Post Office recognized as a main office and had written several letters. * * * * Propositions 108 and ill Cm. Vonheeder requested that Staff agendize Propositions 108 and 111 on a future agenda for discussion in order that the Council can take a position. * * * * CLOSED SESSION , At 11: 58 p.m. , the Council recessed to a closed executive session to discuss pending litigation, City vs. Alameda County (General Plan Litigation) , in accordance with Government Code Sections 54956.9 & 54957 . 7 . * * * * ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12 : 15 a.m. * * * * Mayor ATTEST: City Clerk CM - VOL 9 - 133 Regular Meeting May 14, 1990